45098 Federal Register / Vol. 71, No.
152 / Tuesday, August 8, 2006 / Notices
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment is considered
and is discussed below.
One letter of recommendation was
received in favor of granting the Federal
diabetes exemption to one of the
applicants. It was concerning Arthur
Webber and it was written by W.J.
Williams, who is a manager of the oil
department at Meenan Oil in Upper
Darby, PA. He said that Mr. Webber is
one of his best oil delivery men and one
of the safest drivers.
Conclusion
After considering the comments to the
docket and based upon its evaluation of
the forty-seven exemption applications,
FMCSA exempts Charles A. Adams, Jr.,
Scott R. Anderson, Richard Bechtel,
Robert R. Chase, Dale J. Cleaver, Jeffrey
W. Cotner, Todd A. Dean, Dale R.
Gansz, Neal J. Gifford, Donald W.
Havourd, Sr., Peter D. Jacobs, David A.
Kelley, Jeffrey M. King, Milton A. Klise,
Jeffrey Knight, Edward V. Kruse, Lee P.
Lembke, Dominick T. Mastroni, Ronald
S. Mavilla, Derril W. Nunnally, Ronald
D. Olson, Robert L. Olson, Terrence V.
Parker, Robert L. Pflugler, Jr., William E.
Pruett, Jr., Ronald B. Purdum, William
C. Rasely, Jr., Maurice E. Ratliff, Sr.,
Duane C. Rieger, Gregory A. Rigg, Scott
L. Shreffler, Henry E. Sisler, Vernon L.
Small, Sandra L. Smith, John J. Steigauf,
Walter D. Stowman, Thomas C. Torbett,
Derrick Underhill, Sr., Paul M. Violette,
Antonino S. Vita, Henry B. Walker-
Waltz, III, Arthur C. Webber, Scott A.
Wertz, Larry D. Williams, Danny R.
Wood, and Jeffrey E. Zaniewski from the
ITDM standard in 49 CFR 391.41(b)(3),
subject to the conditions listed under
‘‘Conditions and Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315. If the exemption is still effective
at the end of the 2-year period, the
person may apply to FMCSA for a
renewal under procedures in effect at
that time.
Issued on: July 31, 2006.
jlentini on PROD1PC65 with NOTICES
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. E6–12848 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) received
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
Capital Metropolitan Transportation
Authority
[Docket Number FRA–2006–25040]
Capital Metropolitan Transportation
Authority (CMTA), located in Austin,
TX, seeks a permanent waiver of
compliance from Title 49 of the CFR for
operation of a new planned Commuter
Rail Service (CRS), partially sharing
trackage with the Austin Area Terminal
Railroad (AUAR), a common carrier
freight railroad. The operation will
feature temporal separation of CRS and
AUAR operations. CMTA has selected a
light rail style, non-FRA compliant
Diesel-Multiple Unit (DMU), in order to
offer a ‘‘one-seat ride’’ operation on both
the shared and light rail-exclusive city
street running portions of the system.
See Statement of Agency Policy
Concerning Jurisdiction Over the Safety
of Railroad Passenger Operations and
Waivers Related to Shared Use of the
Tracks of the General Railroad System
by Light Rail and Conventional
Equipment, 65 FR 42529 (July 10, 2000);
see also Joint Statement of Agency
Policy Concerning Shared Use of the
Tracks of the General Railroad System
by Conventional Railroads and Light
Rail Transit Systems, 65 FR 42626 (July
10, 2000).
CMTA is constructing a 32-mile CRS,
(27 miles shared, 5 miles light rail-
exclusive) linking the City of Leander,
TX, with downtown Austin, TX. CMTA
owns the railroad right-of-way, referred
to as the Central Sub-division of the
AUAR, between MP 55.19DT (Austin)
and MP 88.0 (Leander), and will utilize
temporal separation of freight and
passenger operations on this shared
trackage. AUAR provides freight service
to on-line customers, as well as
interchanges with Union Pacific (UPRR)
and BNSF Railway at MP 71.45.
Based on the foregoing, CMTA is
seeking waiver of compliance from the
provisions of the Federal Railroad
Locomotive Safety Standards, 49 CFR:
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Part 219 Drug and Alcohol; Part 221
Rear End Marking Devices; Part 223
Safety Glazing Standards; Part 225
Accident and Incident Reporting; Part
229 Railroad Locomotive Safety
Standards; Part 231 Railroad Safety
Appliance Standards; Part 238
Passenger Equipment Safety Standards;
Part 239 Passenger Train Emergency
Preparedness; Part 240 Qualification
and Certification of Locomotive
Engineers.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communication concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2006–
25040) and must be submitted to the
Docket Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590. Communications received within
30 days of the date of this notice will
be considered by FRA before final
action is taken. Comments received after
that date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at http://
dms.dot.gov.
Issued in Washington, DC, on August 1,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–12799 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System or Relief From
the Requirements of Title 49 Code of
Federal Regulations Part 236
Pursuant to Title 49 Code of Federal
Regulations (CFR) Part 235 and 49
U.S.C. 20502(a), the following railroads
have petitioned the Federal Railroad
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 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
Administration (FRA) seeking approval
for the discontinuance or modification
of the signal system or relief from the
requirements of 49 CFR Part 236 as
detailed below.
Docket Number FRA–2006–25266
Applicant: Union Pacific Railroad
Company, Mr. W. E. VanTrump,
Assistant Vice President Engineering
Maintenance, 1400 Douglas Street, Mail
Stop 0910, Omaha, Nebraska 68179.
The Union Pacific Railroad Company
(UP) seeks approval of the proposed
discontinuance and removal of the
traffic control system on UP’s Tennessee
Pass Subdivision between milepost
341.9, near Dotsero, Colorado (not
including Dotsero) and milepost 296.4,
near West Belden, Colorado. The project
is in connection with a limited
reopening of the inactive trackage
between MP 334.6 and MP 296.6. The
proposed changes consist of the
following:
1. Discontinue the use of a total of 46
signals on the Dotsero to West Belden
line segment. The heads of the
discontinued signals will be turned and
bagged, and the signals ultimately
removed.
2. The home signal at Dotsero, located
on the Tennessee Pass Subdivision at
the junction with the Glenwood Springs
Subdivision, will remain in service with
an operative distant signal installed in
accordance with 49 CFR Part 236.
Signage stating ‘‘End Of CTC’’ and
‘‘Beginning of CTC’’ will be installed at
appropriate locations near Dotsero.
3. Existing power-operated switches
within the project limits will be
converted to hand-throw switches with
reflectorized targets.
4. The existing slide detector fences at
mileposts 341.1, 319.1 and 303.7 will be
restored to service, and converted to
radio talking devices.
5. Train and other movements will be
authorized and controlled by Track
Warrant Control in accordance with
established operating procedures,
subject to a maximum operating speed
of 25 mph.
6. The four signalized rail/highway
grade crossings within the project limits
will not be adversely affected by the
proposed changes. The grade crossing
warning systems on the two rail/
highway crossings on the out-of-service
portion of the line at Wolcott (S. H.
131), milepost 318.9, and Mintum
(YMCA Road), milepost 301.6, will be
made operational and compliant with
jlentini on PROD1PC65 with NOTICES
Part 234 before train service is restored
on this portion of the line.
The reason given for the proposed
changes is that, due to significant
changes in traffic and operations, a
VerDate Aug<31>2005 20:06 Aug 07, 2006 Jkt 208001
signal system is no longer required.
Additionally, the signal system on the
line segment east of MP 334.6 is not
operational, and the system would
likely have to be replaced to make it
operational.
Any interested party desiring to
protest the granting of an application
shall set forth specifically the grounds
upon which the protest is made, and
contain a concise statement of the
interest of the party in the proceeding.
Additionally, one copy of the protest
shall be furnished to the applicant at the
address listed above.
All communications concerning this
proceeding should be identified by the
docket number and must be submitted
to the Docket Clerk, DOT Central Docket
Management Facility, Room PL–401
(Plaza Level), 400 7th Street, SW.,
Washington, DC 20590–0001.
Communications received within 45
days of the date of this notice will be
considered by the FRA before final
action is taken. Comments received after
that date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the internet
at the docket facility’s Web site at http://
dms.dot.gov.
FRA wishes to inform all potential
commenters that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78) or you may visit http://dms.dot.gov.
FRA expects to be able to determine
these matters without an oral hearing.
However, if a specific request for an oral
hearing is accompanied by a showing
that the party is unable to adequately
present his or her position by written
statements, an application may be set
for public hearing.
Issued in Washington, DC on August 1,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety,
Standards and Program Development.
[FR Doc. E6–12801 Filed 8–7–06; 8:45 am]
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45099
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System or Relief From
Requirements
Pursuant to Title 49 Code of Federal
Regulations (CFR) part 235 and 49
U.S.C. 20502(a), the following railroad
has petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of the signal system or relief from the
requirements of 49 CFR part 236 as
detailed below.
Docket Number: FRA–2006–25083.
Applicant: Union Pacific Railroad,
Mr. John C. Estes, Jr., Superintendent
Locomotive, 1400 Douglas Stop 1050,
Omaha, Nebraska 68179.
The Union Pacific Railroad Company
(UP) seeks relief from the requirements
of the Rules, Standards and Instructions,
Title 49 CFR, part 236, Section 236.588,
Periodic test. Specifically, UP is seeking
to change the requirement as defined in
the Technical Manual for Signal and
Train Control Rules which requires
disassembly of the receiver bar junction
box during periodic inspection.
Applicant’s justification for relief:
Harmon, the manufacturer of UP’s Ultra
Cab II equipment does not recommend
the removal of the junction box cover,
except for replacement of the cab signal
discriminators (receiver bars). Electrical
qualification and integrity tests are
conducted from the LCU ( Logic Control
Unit) located in the locomotive cab area.
Harmon and UP believe that removing
the junction box cover during periodic
inspections will, over time, degrade the
integrity of the junction box and reduce
overall reliability of the Harmon Ultra
Cab II equipment.
Any interested party desiring to
protest the granting of an application
shall set forth specifically the grounds
upon which the protest is made, and
include a concise statement of the
interest of the party in the proceeding.
Additionally, one copy of the protest
shall be furnished to the applicant at the
address listed above.
All communications concerning this
proceeding should be identified by the
docket number and must be submitted
to the Docket Clerk, DOT Central Docket
Management Facility, Room PI–401, 400
7th Street, SW., Washington, DC 20590–
0001. Communications received within
45 days of the date of this notice will
be considered by the FRA before final
action is taken. Comments received after
that date will be considered as far as
practicable. All written communications
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